39 terms

AP GOV: The Judiciary

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Marbury v Madison (1803)
established judicial review
judicial review
power of courts to review acts of other branches of government and states; established in Marbury v Madison
The Judiciary Act of 1789
established basic 3-tiered structure of the federal court system
Supreme Court
top tier of the federal court system; only 1
Court of Appeals (Appellate Court)
middle tier of the federal court system; 13
District Courts
bottom tier of the federal court system; 94
The Marshall Court (1801-1835)
defined the relationship between the federal government and state governments; examples include Marbury v Madison, McCulloch v Maryland, Gibbons v Ogden, etc.
McCulloch v Maryland
established a broad interpretation of the necessary and proper clause
trial courts
courts of original jurisdiction where cases begin
appellate courts
courts that generally review only findings of law made by lower courts
jurisdiction
authority vested in a particular court to hear/decide the issues in any particular case
original jurisdiction
the authority to hear cases for the first time
appellate jurisdiction
power vested in an appellate court to review and/or revise decision of a lower court
exclusive jurisdiction
power of the federal courts alone to hear certain cases
concurrent jurisdiction
power shared by federal and state courts to hear certain cases
criminal law
codes of behavior related to the protection of property and individual safety where punishments and severity may differ from state to state
civil law
codes of behavior related to business and contractual relationships between groups and individuals where evidence and presentations by lawyers are used to gauge cases
litigation
the process of taking legal action
common law
a system of law based on precedent and customs
statuatory law
written law declaring, commanding, or prohibiting something
constitutional courts
federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III
legislative courts
courts established by Congress for specialized purposes such as the Court of Military Appeals
brief
document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
precedents
prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
state decrisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases that allows for continuity and predictability
Importance of Precedents
state decrisis; courts usually hear less cases because they respect precendent
writ of certiorari
request for the court to order up the records from a lower court to review the case
writ of mandamus
financial ruling to complete an action
injunction
order by the court to do or not do something
Rule of Four
at least 4 justices of the Supreme Court must vote to consider a case before it can be heard
solicitor general
4th ranking member of the Department of Justice; responsible for handling all appeals on behalf of the US government to the Supreme Court; speaks for the president
amicus curiae
"friend of the court"; amici may file briefs or even appear to argue their interests orally before the court
judicial restraint
judges play minimal policymaking roles, leaving duties strictly to the legislatures; "dead" constitution
judicial activism
judges make bold policy decisions, even charting new constitutional ground; believes courts can help in the expansion of freedoms; "alive" constitution
originalism
extension of judicial restraint; Antonin Scalia's constitutional ideology
The Warren Court (1953-1969)
"activist court" creating new precedent and expanding the rights of the accused; examples include Brown v. Board of Education, Mapp v. Ohio, Miranda v. Arizona, etc.
Factors for Judicial Selection
1. Senatorial Courtesy (tradition)
2. Race/Religion/Gender
3. Federalist Society (list of republicans)
Checks on the Judiciary
power of the purse, the 11th, 14th, 16th, 26th amendments; executive appointments
FDR Court Packing Scheme
a failed ruling that tried to add an additional Supreme Court Justice for every one over 70+ years old